In the state of Alabama you can be arrested for an Alabama DUI
based on one of two theories. First, you can be arrested simply for
being under the influence of alcohol or drugs. This means that your
mental capacity is clearly impaired because you are intoxicated. If the
officer who pulls you over feels that your driving appears impaired,
you could be arrested.

Alabama also operates with a per se law, which states that you
cannot drive with a blood alcohol level (BAC) of .08% or higher. If
your blood tests above the legal limit, you will be arrested for a DUI,
no matter what your driving ability is. You can also be arrested based
on both accounts. In the state of Alabama you do not have to be driving
the car to be arrested for a
DUI offense
. If you are simply in the control of a vehicle, even if it is not moving, you can be charged with drunk driving.

DUI Arrests in Alabama

After your Alabama DUI arrest you will face two cases. The first
case is in the criminal courts. The second is an administrative hearing
with the Alabama Department of Public Safety. It is crucial to contact
a lawyer as soon as you are arrested, because you are given just 10
days to request the Department of Public Safety hearing. Failure to do
so will put your ability to drive at risk.

You will also be asked to submit to a blood, breath, or urine test
to see how much alcohol is in your system. If you refuse this test, you
will automatically lose your license for at least 90 days. You will not
be allowed to apply for a restricted license. This can be used against
you in your court case as well. It is best to talk to an attorney
before making this decision.

Basic Consequences for First Time Offenders

For your first Alabama DUI conviction, you can expect to face the following consequences:

Between $600 and $2,100 in fines

Mandatory $100 donation to Impaired Drivers Trust Fund

Up to 1 year in jail, with no minimum sentence

Alcohol assessment and evaluation

Possible alcohol treatment program

If you are arrested for subsequent offenses, you will face even stricter consequences.

License Suspensions for Alabama DUI

Your Alabama DUI arrest will also cause you to lose your license.
Depending on how many DUI convictions you have on your record, you will
face the following suspensions times:

First offenders - 90 days

Second offenders - 1 year

Third offenders - 3 years

Fourth offenders - 5 years

Offenses stay on your record for 5 years in the state of Alabama.
With the help of your attorney you may be able to apply for a
restricted license to allow you to drive to and from work.

Insurance Consequences

After you DUI arrest, you will also face insurance consequences.
Many insurance companies will not cover those who have been convicted
of DUI offenses. If your insurance company does not choose to drop your
coverage, you will find that the cost of your policy increases
dramatically. If you are dropped, you will have to find a new company
to cover you before you can get your license back. This may be
difficult, because insurance companies are not interested in covering
those with drunk driving convictions.